Public Lands & Conservation

Kaplan Kirsch’s public lands attorneys represent parties on all sides of public lands issues. Our clients include local governments, mountain property owners, public land permittees, recreation companies and outfitters, and environmental organizations. We help clients use, protect, and plan for public lands. That work includes development on or near public lands, drafting proposals for federal actions or approvals, rights-of-way, and land exchanges. We also counsel clients on conserving private land or water resources.

Public lands matters often intersect with other areas of law. Our team works closely with our Airports, Energy Transition and Climate Change, Project Funding and Delivery, and Litigation practices.

Permits, Plans, and Agency Decisions

Many projects on public lands start with a permit. We secure and defend special recreation permits, special use permits, ski area approvals, and rights-of-way. Our attorneys frequently work with the Bureau of Land Management (BLM) and the U.S. Forest Service (USFS).

Land use plans shape what those agencies approve. Kaplan Kirsch represents clients participating in BLM Resource Management Plans and USFS land management plans. We also guide clients through NEPA environmental review on public lands matters. Our planning work includes leading negotiations on a state-specific federal rule for 4.2 million acres of Forest Service roadless lands.

Clients can challenge an agency’s decision that harms their interests. Options include protesting a Resource Management Plan, appealing to the Interior Board of Land Appeals (IBLA), or filing a federal lawsuit. We have pursued each path, from IBLA proceedings to the Ninth, Tenth, and D.C. Circuits. See our Environmental Litigation practice for more.

The Laws That Govern Public Lands

Kaplan Kirsch regularly works with the federal statutes that govern public lands, including:

  • Federal Land Policy and Management Act (FLPMA)
  • The Wilderness Act
  • National Forest Management Act (NFMA)
  • National Environmental Policy Act (NEPA)
  • Endangered Species Act (ESA)
  • Section 4(f) of the Transportation Act
  • National Historic Preservation Act (NHPA)
  • Clean Water Act (CWA)
  • The Mining Law of 1872

We also advise on state laws that affect state and local parks, school trust land, and open space.

Representative Experience

Federal Permits for Municipal Infrastructure

Represented municipal entities and local governments in securing a federal permit for an infrastructure project, procuring a right-of-way on BLM land, invalidating old mining claims, ensuring energy development consistency with local plans, and evaluating Grand Canyon National Park overflight regulations.

Public Lands Advocacy for Non-Governmental Entities

Represented non-governmental entities on a range of public lands matters, including:

  • Challenging BLM approval of a motorized trail through a pristine area in the San Juan Mountains of southern Colorado. BLM rescinded the approval.
  • Protecting roadless national forest areas from oil and gas development
  • Evaluating a mountain bike trail network in an elk calving habitat
  • Commenting on and opposing a permit application for a proposed interstate water pipeline
  • Defending national monument designations, including Bears Ears and Grand Staircase Escalante, earning Kaplan Kirsch the Outstanding Public Service Award from the Archaeological Institute of America

Reducing Greenhouse Gas Emissions

Advised a nonprofit on strategies to reduce greenhouse gas emissions from public lands uses; represented a nonprofit in preparing a protest of a BLM Resource Management Plan addressing climate implications of proposed mineral resource management.

Grand Canyon Rim and Public Lands Development

Represented residents and business owners in opposing a Grand Canyon rim development, seeking a federal permit for a public lands art installation, and developing school trust lands while preserving large tracts as natural prairie.

Instream Flow Protection

Represented a homeowners association in protecting instream flows in a river running through the area.

Federal Land Exchange and Conservation

Represented a ranch as an affected party in a federal land exchange, working to recruit a conservation buyer to take title to a portion of the exchanged lands.

Climate Research in National Forest

Represent a biological laboratory conducting climate change research in a national forest.

Rafting Company Land Access

Represent rafting companies seeking access to run trips using public lands.

Ski Area Permit Approvals

Represented ski areas and operators in securing Forest Service and BLM permit approvals for operational changes and expansions.

Special Use Permit

Successfully secured a renewed special use permit for historic cabin operations.

Oil and Gas Lease Sales

Challenged oil and gas lease sales in areas proposed by citizen groups for inclusion in the National Wilderness Preservation System.

Roadless Lands Federal Rule Negotiations

Led negotiations on a state-specific federal rule governing the management and conservation of 4.2 million acres of U.S. Forest Service roadless lands.

Adoption of Resource Management Plans

Represented a state agency participating as a Cooperating Agency in the adoption and revision of BLM Resource Management Plans, U.S. Forest Service Land and Resource Management Plans, and similar federal planning processes.

Related Practices

Resources and News

Awards and Recognition

News

Presentations

Publications

Representative Cases

National Forest Mine Tailings Disposal

Filed an amicus brief on behalf of law professors arguing that national forest lands without mineral value cannot be used to dispose of mine tailings from other federal lands. Center for Biological Diversity v. U.S. FWS, Nos. 19-7585, 19-17586 (9th Cir. 2020).

Northeast Canyons and Seamounts Marine National Monument

Filed an amicus brief on behalf of the National Audubon Society supporting the President’s authority to designate Northeast Canyons and Seamounts Marine National Monument. Mass. Lobstermen’s Ass’n v. Ross, 945 F.3d 535 (D.C. Cir. 2019).

BLM Special Recreation Permit Reinstatement

Represented rafting expedition company in successfully staying the Bureau of Land Management’s (BLM) cancellation of special recreation permits and resolving a Board of Land Appeals proceeding with an agreement reinstating the permits. Dvorak Expeditions, Inc. v. BLM, IBLA Nos. 2019-0104; 0105; 0106.

National Monument Diminishment Challenge

Filed an amicus brief on behalf of archaeological groups arguing that President Trump lacks authority to diminish national monuments. Wilderness Society v. Trump, No. 17-cv-02587 (D.D.C. 2017).

Public Art Installation on BLM Land

Defended a permittee’s interest in a permit for the temporary installation of a public work of art on BLM land. Rags Over the Ark. River, Inc. v. BLM, No. 12-cv-0265-WJM (D. Colo. 2015); Rags Over the Ark. River, Inc. v. Colo. Parks & Wildlife Bd., 360 P.3d 186 (Colo. App. 2015).

Gravel Permitting

Represented Teton County in a gravel permitting matter. Seherr-Thoss v. Teton County Board of County Commissioners, 329 P.3d 936 (Wyo. 2014).

Tower Siting Near Airport Runway

Successfully challenged federal agency approval of tower siting near the end of a proposed new airport runway. Clark County v. FAA, 522 F.3d 437 (D.C. Cir. 2008).

Colorado River Permit Management

Successfully defended a federal agency’s allocation of permits and management prescriptions for the Colorado River through Grand Canyon National Park. River Runners for Wilderness v. Martin, 2007 WL 4200677 (D. Ariz. 2007), aff’d, 574 F.3d 723 (9th Cir. 2009).